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  5. 77 N.Y.2d 677 (1991)
 

SOCY. OF SURGEONS v. AXELROD

77 N.Y.2d 677 (1991)

In the Matter of New York State Society of Surgeons et al., Appellants, v. David M. Axelrod, as Commissioner of Health of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 2, 1991.

Attorney(s) appearing for the Case

Bartley J. Costello, III, and Paula Fitz Battiste for appellants.

Robert Abrams, Attorney-General (Evelyn M. Tenenbaum, O. Peter Sherwood, Lawrence S. Kahn and Susan L. Watson of counsel), for respondents.

Thomas B. Stoddard, David G. Keyko, Robert F. Bacigalupi, Carroll Doyle, Wilfredo Fernandez, Armen H. Merjian, of the Connecticut Bar, admitted pro hac vice, Michael T. Isbell, Evan Wolfson and Herbert Semmel for AIDS Action Council and others, amici curiae.

William B. Rubenstein, of the Pennsylvania and District of Columbia Bars, admitted pro hac vice, Arthur N. Eisenberg and Robert M. Levy for the American Civil Liberties Union and another, amici curiae.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

SIMONS, J.

Petitioners are four medical organizations whose membership consists of New York State physicians. Respondents are the Commissioner of Health and the New York State Public Health Council. In February of 1988, petitioners sent a letter to the Commissioner of Health requesting that infection with the human immunodeficiency virus (HIV infection) be added to the lists of communicable and sexually transmissible...

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